Legal Question in Family Law in California
Parental rights
Can one parent deny another visitation after they have been served. Is a parent allowed to speak poorly of the other parent to child.? What action will be taken if so
2 Answers from Attorneys
Re: Parental rights
Unfortunately, these things happen all the time. You cannot prevent someone saying bad things, but you can have your visitation enforced by going to the family court and having the judge impose some sense on the non-complying spouse.
Re: Parental rights
Unless there is a valid reason for denying visitation to a parent, NO!!! The well being of the children is always the utmost important thing before, during and after a dissolution. If you are doing this as a punishment to the other parent, the only one receiving the punishment are the children. Their lives have already been disrupted by the separation and impending dissolution. Do not exaccerbate their fragile state by not allowing visitation.
With regards to things being said by one parent about the other, again, this is not in the best interest of the children. Often times emotions are high, but the parents are the adults and need to act like adults. There is no useful purpose served by bad mouthing each other to the children. Again, the only ones' who suffer are the children.
If you can't seem to discuss these issues with the other parent, by all means, set up an appointment with the court conciliator or mediator to discuss and resolve the issues regarding visitation and handling of the children at this time.
(This communication is not intended to create an attorney-client relationship. An attorney-client relationship may only be created by an agreement, in writing, between the attorney and the client.)